Neighbour's delivery damaged my property

Neighbour's delivery damaged my property

Author
Discussion

Wocka

Original Poster:

86 posts

197 months

Friday 4th July 2014
quotequote all
Hi,

My new neighbours who have an adjoining driveway had a patio delivered last week. Unfortunately the delivery van/lorry's wheel went through a sewer manhole cover on my driveway. The delivery people replaced the cover with a second hand item but the frame and surrounding concrete is damaged and needs replacing.

I've phoned the delivery people, who say the neighbour gave them permission to use my driveway so it's up to them to pay for the repair (been quoted £200).

So what should I do? I want it sorted out quickly so that nothing falls into the sewer and blocks it.

Sadly there's no garden to hammer frozen sausages into.

Thanks

Du1point8

21,927 posts

205 months

Friday 4th July 2014
quotequote all
How about chatting to your neighbour about it?

stargazer30

1,662 posts

179 months

Friday 4th July 2014
quotequote all
Delivery folks should have had more common. I recently moved to a corner house on a cul-de-sac. The mashoosive removal van parked on the road and totally blocked my neighbour in on move day. When I asked why they didn't pull the van onto my equally mahoosive drive, the driver said it could crush any services under the drive. Same with B&Q when they delivered my new kitchen, so obvious a good driver will know.

Also a neighbour can't give permission for another persons property so that's bks too. If they damaged it, its them you need to be chasing.


Evoluzione

10,345 posts

256 months

Friday 4th July 2014
quotequote all
Du1point8 said:
How about chatting to your neighbour about it?
It's not their problem.

Sir Bagalot

6,736 posts

194 months

Friday 4th July 2014
quotequote all
Write them a letter pointing out it was their lorry that damaged and ask for insurance details. They will refuse.

Get repaired and then small claims.

Thankyou4calling

10,766 posts

186 months

Friday 4th July 2014
quotequote all
Sir Bagalot said:
Write them a letter pointing out it was their lorry that damaged and ask for insurance details. They will refuse.

Get repaired and then small claims.
End of thread! Loads will come on with all manner of madnesses but in the real world this is what'll happen.

blueg33

40,407 posts

237 months

Friday 4th July 2014
quotequote all
I agree with the above likely process

Its the delivery company's problem, not your neighbour.

andy43

11,350 posts

267 months

Friday 4th July 2014
quotequote all
Wocka said:
Sadly there's no garden to hammer frozen sausages into.
A masonry bit should work fine on the patio - but do measure the sausages first...

Wocka

Original Poster:

86 posts

197 months

Saturday 5th July 2014
quotequote all
Thanks for the replies. Next door have offered to pay, so I may take them up on that. Would prefer it if the delivery company paid though seeing as they did the damage..

Small claims is likely to be a pita for £200?

Chrisgr31

13,998 posts

268 months

Saturday 5th July 2014
quotequote all
Wocka said:
Thanks for the replies. Next door have offered to pay, so I may take them up on that. Would prefer it if the delivery company paid though seeing as they did the damage..

Small claims is likely to be a pita for £200?
I think you might find that the contract the delivery company has with your neighbour passes the liability for damage done by the delivery lorry once it is off the public highway on to the neighbour. Fairly sure its fairly standard in de;livery contracts.

rog007

5,795 posts

237 months

Saturday 5th July 2014
quotequote all
Isn't this just the reason one has buildings and household insurance for? You pass details to your insurance company and they fix and then pursue in order to reclaim their liability to you?

theboss

7,251 posts

232 months

Saturday 5th July 2014
quotequote all
Its interesting to hear that a typical sewer cover specced for a residential driveway would cave in under the weight of a van - or are we talking about something much larger? I'd be inclined to just take it on the chin and replace with something substantially stronger.

Efbe

9,251 posts

179 months

Saturday 5th July 2014
quotequote all
Wocka said:
Thanks for the replies. Next door have offered to pay, so I may take them up on that. Would prefer it if the delivery company paid though seeing as they did the damage..

Small claims is likely to be a pita for £200?
and small claims is incredibly easy to do

blueg33

40,407 posts

237 months

Saturday 5th July 2014
quotequote all
theboss said:
Its interesting to hear that a typical sewer cover specced for a residential driveway would cave in under the weight of a van - or are we talking about something much larger? I'd be inclined to just take it on the chin and replace with something substantially stronger.
We don't know that the cover was the correct spec. Plenty of people buy cheap ones from Wickes that will hardly take the weight of a car.

tvradict

3,829 posts

287 months

Saturday 5th July 2014
quotequote all
Doesn't matter if the cover was made of tin foil, the driver should not have driven on either driveway, and certainly not the neighbours drive.

The driver should have had more sense, I delivered skips in a previous life and found that home owners tend to be unaware just how heavy skip/hiab lorries are, and don't realise just how little driveways are able to handle. I very rarely put skips on paved driveways, and with obvious drain covers, no feckin way.

As for the delivery company having a t&c about passing damage back to the homeowner/hirer/purchaser, that's true. But only if the damage is caused to the property your delivering to. Not the neighbours.

I did once turn up to a house to be asked to run the lorry up and down the driveway a few times to break up the slabs. Not often people thank you for wrecking a driveway smile

VX Foxy

3,962 posts

256 months

Saturday 5th July 2014
quotequote all
Wocka said:
Thanks for the replies. Next door have offered to pay, so I may take them up on that. Would prefer it if the delivery company paid though seeing as they did the damage..

Small claims is likely to be a pita for £200?
PoP.

https://www.moneyclaim.gov.uk/web/mcol/welcome

blueg33

40,407 posts

237 months

Sunday 6th July 2014
quotequote all
tvradict said:
Doesn't matter if the cover was made of tin foil, the driver should not have driven on either driveway, and certainly not the neighbours drive.
I said earlier that the delivery driver should not have been on the neighbour's property

Wocka

Original Poster:

86 posts

197 months

Sunday 6th July 2014
quotequote all
All helpful replies, thanks.

I don't know what the van/lorry was as I knew nothing about it until I came home. The manhole cover may have been old, I'm fairly sure I've driven vans over it before though. In any case they damaged something on my property without my permission to be there.

The company want to talk to next door for some inexplicable reason, which luckily he's happy to do. I should know who's paying in the next day or two. If neither are forthcoming I'll small claims the delivery people.


Andehh

7,296 posts

219 months

Monday 7th July 2014
quotequote all
Good on your neighbors for offering, but it isn't their fault IMO. Delivery men should be responsible for the damage they caused!

Chrisgr31

13,998 posts

268 months

Monday 7th July 2014
quotequote all
Andehh said:
Good on your neighbors for offering, but it isn't their fault IMO. Delivery men should be responsible for the damage they caused!
All well and good in theory but in practice its slightly different because the ultimate response to the driver always being liable for damage they cause (or getting stck) is that they'll refuse to go off the public highway.

We'll then see posts that the lazy delivery driver dropped by goods on the verge and couldn't be bothered to drive down my drive etc.